PPAZ v. AM. ASS'N OF PRO-LIFE OBSTETRICIANS

Nos. 1 CA-CV 09-0748, 1 CA-CV 10-0274.

257 P.3d 181 (2011)

PLANNED PARENTHOOD ARIZONA, INC., an Arizona non-profit corporation, Plaintiff/Appellee, v. AMERICAN ASSOCIATION OF PRO-LIFE OBSTETRICIANS & GYNECOLOGISTS; Catholic Medical Association; Christian Medical and Dental Associations; Christian Pharmacists Fellowship International; Ave Maria Pharmacy, PLLC; Arizona Catholic Conference; Crisis Pregnancy Centers of Greater Phoenix; Senator Linda Gray; Representative Nancy Barto, Applicant Intervenors-Defendants/Appellants. Planned Parenthood Arizona, Inc., an Arizona non-profit corporation, Plaintiff/Appellee, v. Thomas C. Horne, in his official capacity as Attorney General; Arizona Medical Board; Lisa Wynn, in her official capacity as Executive Director of the Arizona Medical Board; Arizona Board of Osteopathic Examiners in Medicine and Surgery; Elaine Letarte, in her official capacity as Executive Director of the Arizona Board of Osteopathic Examiners in Medicine and Surgery; and Ken Bennett, Arizona Secretary of State, in his official capacity, Defendants/Appellants, and Kirk D. Adams, as Speaker, Arizona House of Representatives, Intervenor-Defendant/Appellant, and American Association of Pro-Life Obstetricians & Gynecologists; Catholic Medical Association; Christian Medical and Dental Associations; Christian Pharmacists Fellowship International; Ave Maria Pharmacy, PLLC; Arizona Catholic Conference; Crisis Pregnancy Centers of Greater Phoenix; Senator Linda Gray; Representative Nancy Barto, Intervenors-Defendants/Appellants.

Court of Appeals of Arizona, Division 1, Department B.

August 11, 2011.


Attorney(s) appearing for the Case

Planned Parenthood Federation of America by Jennifer Sandman , pro hac vice, Eve C. Gartner , pro hac vice, New York, N.Y., Greenberg Traurig, LLP by Lawrence J. Rosenfeld , Daniel B. Pasternak , Phoenix, Co-counsel for Plaintiff/Appellee.

Thomas C. Horne , Arizona Attorney General by David R. Cole, Solicitor General, Paula S. Bickett , Chief Counsel, Civil Appeals, Carrie J. Brennan , Assistant Attorney General, Timothy A. Nelson , Chief Deputy Attorney General, Phoenix, Attorneys for State Defendants/Appellants.

Office of the Speaker, Arizona House of Representatives by Peter A. Gentala , Phoenix, Cantelme & Brown, P.L.C. by David J. Cantelme , Phoenix, Co-counsel for Intervenor-Defendant/Appellant Kirk D. Adams.

Alliance Defense Fund by Steven H. Aden , pro hac vice, Matthew S. Bowman , pro hac vice, Washington, D.C., Center for Arizona Policy by Deborah M. Sheasby , Cathi W. Herrod , Phoenix, Bioethics Defense Fund by Nikolas T. Nikas , Scottsdale, Co-counsel for Intervenor-Defendants/Appellants American Association of Pro-Life Obstetricians and Gynecologists; Catholic Medical Association; Christian Medical and Dental Associations; Christian Pharmacists Fellowship International; Ave Maria Pharmacy, PLLC; Arizona Catholic Conference; Crisis Pregnancy Centers of Greater Phoenix; Senator Linda Gray; Representative Nancy Barto.


OPINION

SWANN, Judge.

¶ 1 This case requires us to decide whether four statutory provisions that regulate the performance of abortions violate the equal protection or privacy clauses of the Arizona Constitution. The trial court granted Planned Parenthood of Arizona ("PPAZ") a preliminary injunction barring the enforcement of portions of A.R.S. §§ 36-2152 through -2155. We hold that the statutes at...

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